Differences between civil and criminal law Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What does civil law uphold

A

The rights of individuals against other individuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What can be ordered in civil law

A

Compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does compensation aim at doing

A

Putting parties in the position they would have been without a breach of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is criminal law aimed at

A

Trying to maintain law and order In society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What happens when an offender is found guilty if an offence in a criminal case

A

They are punished

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the justifications for sending individuals to prison

A

Protection of society and deterrence of criminal behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who starts a case in civil cases

A

The individual or business who has suffered a loss

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the person starting the case called in civil law

A

Claimant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are criminal cases taken on

A

Behalf of the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who is responsible for conducting most criminal cases

A

The crown prosecution service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the person starting a criminal case referred to as

A

The prosecutor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Where do civil cases take place

A

In the high court or the county court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where do family cases in civil law take place

A

Family court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What happens in court in civil cases

A

The judge will try the case, decide liability and set compensation amount

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where are criminal cases tried

A

Magistrates court or crown court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the magistrates court deal with

A

Les serious offences

17
Q

Who tries a criminal case in the magistrates court

A

A panel of lay magistrates or a qualified district judge

18
Q

What does the crown court deal with

A

Serious offences

19
Q

Who tries a criminal case in the crown court

A

A judge with a jury

20
Q

What does the judge decide in a criminal case in the crown court

A

Points of law

21
Q

What does the jury decide in criminal cases

A

The verdict

22
Q

Who imposes a sentence in the crown court

A

The judge

23
Q

How must criminal cases be proved

A

Beyond reasonable doubt

24
Q

Why do criminal cases have such a high standard of proof

A

Since a conviction could result in serving a long sentence and may have a profound effect on future life

25
Q

How must civil cases be proved

A

On the balance of probabilities

26
Q

What does the standard of proof mean in civil cases

A

The judge decides who is most likely correct

27
Q

What does the difference in standard of proof mean

A

That it’s possible for a defendant who’s been acquitted in a criminal case to be found liable in a civil case based on the same facts

28
Q

What can a defendant be found as in civil cases

A

‘Liable’ or ‘not liable’

29
Q

What will the party found liable be ordered to do at the end of a civil case

A

Put the matter right as soon as possible usually through damages

30
Q

How is a defendant found in a criminal case

A

‘Guilty’ or ‘not guilty’, or, ‘convicted’ or ‘acquitted’

31
Q
A